FRCP 12(b)(6)

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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. After…

Read More Retaliation Claims Sufficiently Stated; Termination Followed Sexual Harassment Complaint
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In Scott v. YSB Services Inc., 21-CV-7711 (VSB), 2024 WL 1330043 (S.D.N.Y. March 28, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City…

Read More Hostile Work Environment Sexual Harassment Claims Sufficiently Alleged; Allegations Included Calling Plaintiff “Sexy” & Unwanted Physical Contact with Breast and Buttocks
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of retaliation asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs also assert a claim of unlawful retaliation under Section 1981 based on Goldberg’s opposition…

Read More Retaliation Claim Sufficiently Alleged; Communication of Discrimination Allegation Through Counsel Constituted “Protected Activity”
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In Goldberg v. Bespoke Real Estate LLC, et al, 23-CV-5614 (JPO), 2024 WL 1256006 (S.D.N.Y. March 25, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim asserted under 42 U.S.C. § 1981. From the decision: The Goldberg Plaintiffs next bring a claim of hostile work environment under 42…

Read More Race-Based Hostile Work Environment Claim Survives Dismissal, Notwithstanding Plaintiff’s Alleged Use of Offensive Language
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In Jacobs v. Hudson Valley Family Physicians, PLLC, 1:22-CV-1184, 2024 WL 1200002 (N.D.N.Y. March 20, 2024), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s quid pro quo sexual harassment claim asserted under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. From the decision: Plaintiffs allege that…

Read More Quid Pro Quo Sexual Harassment Claim Plausibly Alleged; Court Cites “Subtext” of “Suggestive” Text Messages & Photographs
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based hostile work environment claims. (I wrote about the court’s…

Read More Actress Plausibly Alleges Race-Based Hostile Work Environment Claims Under NYS and NYC Human Rights Laws (But Not Title VII)
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In Moore, Kim v. Hadestown Broadway Limited Liability Company, No. 23-CV-4837 (LAP), 2024 WL 989843 (S.D.N.Y. March 7, 2024), the U.S. District Court for the Southern District of New York (in an opinion authored by Judge Preska), inter alia, denied defendant’s motion to dismiss plaintiff’s race-based discriminatory termination claims. The court discussed, and applied, the…

Read More Actress Plausibly Alleges Race-Based Discriminatory Termination, Court Holds
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In Innes v. County of Warren et al, 1:22-cv-641 (BKS/TWD), 2024 WL 865864 (N.D.N.Y. Feb. 29, 2024), the court, inter alia, denied defendants’ motion to dismiss plaintiff’s disability discrimination claims. As to plaintiff’s claims under the Americans with Disabilities Act (ADA), the court explained: Plaintiff alleges the following facts. Approximately an hour and a half…

Read More Disability Discrimination Claims Survive Dismissal; Court Cites Closeness in Time Between Hospitalization and Termination
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In Mitura v. Finco Services, Inc. et al, 23-CV-2879 (VEC), 2024 WL 232323 (S.D.N.Y. Jan. 22, 2024), the court, inter alia, denied the defendant’s motion to compel arbitration of plaintiff’s sexual harassment claims. In sum, the court held that arbitration was barred by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of…

Read More Arbitration of Sexual Harassment Claims Denied, Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021
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